Village of Suffern, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 10-18-1982 by L.L. No. 9-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 105.
Curfew — See Ch. 117.
Noise — See Ch. 175.
Parental responsibility — See Ch. 185.
Peace and good order — See Ch. 197.
Zoning — See Ch. 266.
Fees — See Ch. A275.

§ 77-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include but not be limited to such devices as pinball machines, electronic games, skill ball and all games, operations or transactions similar thereto under whatever name they may be known. The term does not include vending machines in which there is not incorporated gaming or amusement features, nor does the term include any coin-operated musical devices or rides.

§ 77-2 License required.

[Amended 3-12-1990 by L.L. No. 3-1990]
No person, firm, association, corporation or other entity shall possess, maintain, use or permit to be possessed, maintained, used or operated in or upon any premises in his possession or under his control in any commercial zone (C-1 or C-2), as set forth in the Village of Suffern Zoning Local Law,[1] an amusement device without first having obtained a license for each such device, the fee for which shall be set by resolution in the Standard Schedule of Fees of the Village of Suffern,[2] and which shall be valid for the calendar year for which it was issued.
[1]
Editor's Note: See Ch. 266, Zoning.
[2]
Editor's Note: See Ch. A275, Fees.

§ 77-3 Application for license.

A. 
Application for an amusement device license shall be made to the Village Clerk and shall contain the following information.
(1) 
The name and date of birth, home address, social security number and telephone number of the applicant.
(2) 
If a firm, corporation, partnership or association, the names, dates of birth, home addresses, social security numbers and telephone numbers of the principals and officers thereof.
(3) 
The names, dates of birth, home addresses, social security numbers and telephone numbers of all persons having a financial interest in such gamerooms.
(4) 
The address of the premises for which licenses are required, including the square footage of the proposed operating area.
(5) 
The name, date of birth, home address, social security number and telephone number of the manager of the premises for which licenses are requested.
(6) 
For each person named on the application form, a statement of fact concerning any conviction in any jurisdiction of any crime, including full disclosure of the nature of such conviction, the place of conviction, the date of conviction and any penalty or disposition of such conviction.
(7) 
The distributor, trade name, description, serial number and manufacturer of each amusement device proposed. The Village of Suffern shall be notified within 10 business days of any change in machines.
(8) 
Certification, under oath, made by the applicant that the information contained in the application is complete, accurate and truthful.
(9) 
The floor plan of the premises, including dimensions, depicting the proposed location of amusement devices, aisles, exits and counter areas, if any.
(10) 
A plan depicting the manner in which the applicant proposes to satisfy § 77-5E of this chapter.
B. 
Copies of the application shall be referred to the Chief of Police, the Building Inspector and the Fire Inspector. The Chief of Police shall ascertain if the applicant has been previously convicted of a crime and shall inform the Village Clerk of his findings. If the applicant has never been convicted of a crime, the Chief of Police shall approve the application. The Building Inspector and Fire Inspector shall determine whether the location and operation of the premises and of the amusement device are in compliance with the applicable statutes, local laws, ordinances and regulations and shall inform the Village Clerk of their findings. If the location and proposed operation of the premises and of the amusement device comply with all applicable statutes, local laws, ordinances and regulations, the Building Inspector and Fire Inspector shall approve the application. If the aforementioned individuals approve of the application and if the applicant complies with the other provisions of this chapter, the Village Clerk shall issue an amusement device license for each such device upon the payment of the fee set by resolution of the Board of Trustees in the Standard Schedule of Fees.[1]
[Amended 3-12-1990 by L.L. No. 3-1990]
[1]
Editor's Note: See Ch. A275, Fees.

§ 77-4 Display of license; transferability; fee.

[Amended 3-12-1990 by L.L. No. 3-1990]
Any license issued pursuant to this chapter shall be conspicuously displayed in the premises wherein the amusement device is operated or maintained. Such license may be transferred from one amusement device to another amusement device at the same location upon notification of the Village Clerk to such effect, upon the furnishing of a description and serial number of the new amusement device and the payment of a transfer fee in an amount set by resolution of the Board of Trustees in the Standard Schedule of Fees of the Village of Suffern.[1]
[1]
Editor's Note: See Ch. A275, Fees.

§ 77-5 Regulations.

A. 
A licensee may not offer any prize or reward to any person playing an amusement device, nor shall any licensee permit such amusement devices to be used for gambling purposes.
B. 
Amusement devices shall be located on a premises so as not to impair ingress or egress to the premises and so as not to interfere with the circulation and movement of customers.
C. 
Amusement devices shall be located where they are visible at all times to the licensee or his agent.
D. 
The licensee shall not permit noise, either from mechanical means or the patrons, which causes a disturbance of the peace of the adjacent and surrounding occupants or uses.
E. 
The licensee shall provide adequate and orderly parking for bicycles and shall keep the storefront and sidewalks unobstructed so that they are clear and open to unencumbered pedestrian traffic.

§ 77-6 Expiration, suspension or revocation of license.

A. 
Any license issued pursuant to the provisions of this chapter shall expire upon any of the following conditions:
(1) 
Discontinuance of the permit holder's business.
(2) 
Removal of a permitted amusement device from the business premises, which is not replaced within 30 days by another amusement device of similar size.
(3) 
Transfer or sale of the business to another individual, partnership, corporation or other entity.
(4) 
December 31 of each year.
B. 
All licenses issued pursuant to the provisions of this chapter are subject to suspension or revocation of the Chief of Police upon any of the following conditions:
(1) 
Willful misrepresentation by the licensee or his agent in applying for the license.
(2) 
Conviction of the licensee of any felony or misdemeanor involving any violation of this chapter.
(3) 
The existence of a nuisance to customers, other businesses or the public stemming from the operation of amusement devices on the licensee's premises. The definition of "nuisance" for the purposes of this subsection shall include the violation of any provision of the Code of the Village of Suffern or New York State statutes pertaining to force, violence, disorderly conduct, moral turpitude or gambling.
C. 
Prior to the suspension or revocation of any license, the Chief of Police shall give the licensee written notice of the suspension and the length of the suspension or revocation, the reason therefor and the date of suspension or revocation, which date shall be at least 10 days from the date of service of said notice. Said notice shall inform the licensee that he may request a hearing on the issue of the suspension or revocation by filing a letter requesting a hearing with the Village Clerk prior to the suspension or revocation date specified in the notice. Said notice may be served personally on the licensee or on an agent or employee of the licensee or may be mailed to the premises of the licensee by registered or certified mail. The license shall be considered to have been revoked on the date specified in said notice unless the licensee demands a hearing on the suspension or revocation prior to the suspension or revocation date specified in said notice. The Mayor shall forthwith appoint a hearing officer who shall hear and determine the matter.
D. 
The hearing officer shall determine whether the licensee violated the provisions of this chapter and whether the license(s) should be suspended and, if so, the period of suspension or whether the license(s) should be revoked. The hearing shall be conducted in an informal manner. The Village shall have the burden of establishing grounds for suspension or revocation. The hearing officer shall prepare a written decision which shall be mailed to the parties and filed with the Village Clerk. The hearing officer's decision shall not affect any criminal proceedings pursuant to the provisions of this chapter or the Code of the Village of Suffern.

§ 77-7 Enforcement.

[Amended 11-3-2008 by L.L. No. 16-2008]
This chapter shall be enforced by the Code Enforcement Officer or Village of Suffern Police Department.

§ 77-8 Penalties for offenses.

[Amended 3-12-1990 by L.L. No. 3-1990]
Any person, firm, corporation or association violating any provision of this chapter, in addition to the revocation of his license(s), shall be guilty of a violation punishable as provided in § 1-12 of Chapter 1, General Provisions, per amusement device. The continuation of a violation of this chapter shall constitute a separate and distinct offense for each and every week the violation is continued.